MEMORIZE CIV Flashcards
Definition of a civil action [Sec. 3(a), Rule 1]
Section 3. Cases governed. – These Rules shall govern the procedure to be observed in actions, civil or
criminal, and special proceedings.
(a) A civil action is one by which a party sues another for the enforcement or protection of a
right, or the prevention or redress of a wrong. (1a, R2)
A civil action may either be ordinary or special. Both are governed by the rules for ordinary
civil actions, subject to the specific rules prescribed for a special civil action. (n)
Definition of cause of action (Sec. 2, Rule 2)
Section 2. Cause of action, defined. – A cause of action is the act or omission by which a party violates
a right of another. (n)
Conditions in joinder of actions (Sec. 5, Rule 2)
Section 5. Joinder of causes of action. – A party may in one pleading assert, in the alternative or otherwise,
as many causes of action as he may have against an opposing party, subject to the following conditions:
(a) The party joining the causes of action shall comply with the rules on joinder of parties;
(b) The joinder shall not include special civil actions or actions governed by special rules;
(c) Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the
causes of action falls within the jurisdiction of said court and the venue lies therein; and
(d) Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction. (5a)
Who is a real party in interest (Sec. 2, Rule 3)
Section 2. Parties in interest. – A real party in interest is the party who stands to be benefited or injured
by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized
by law or these Rules, every action must be prosecuted or defended in the name of the real party in
interest. (2a)
Who are indispensable parties (Sec. 7, Rule 3)
Section 7. Compulsory joinder of indispensable parties. – Parties in interest without whom no final
determination can be had of an action shall be joined either as plaintiffs or defendants. (7)
Who are necessary parties (Sec. 8, Rule 3)
Section 8. Necessary party. – A necessary party is one who is not indispensable but who ought to
be joined as a party if complete relief is to be accorded as to those already parties, or for a complete
determination or settlement of the claim subject of the action. (8a)
